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UPS Teamster Magazine, Winter 2004/2005 - International ...

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A <strong>Magazine</strong> for <strong>UPS</strong> <strong>Teamster</strong>s <strong>Winter</strong> <strong>2004</strong>/<strong>2005</strong>upsT E A M S T E RCampaign at DHLUNION’S TOPORGANIZING PRIORITYPAGE 8A Taxing Ti m eTIPS TO SAVE YOUM O N E Y, HEADACHESPAGE 14SIGN ME UPTEAMSTERS BOLSTER EFFORT TOGET WORKERS TO JOIN UNIONPAGE 10


IN THIS ISSUE WINTER 04/051 02 0 22 4FEATURES8 Delivering The Vo t e<strong>Teamster</strong>s Organize Independent Contractors at DHL1 0 Sign Me Up!Effort To Increase Union Membership1 4 A Taxing Ti m eTips To Save You Money, Headaches2 0 Keep On Tru c k i n gElite <strong>UPS</strong> Drivers Receive 'Circle of Honor' Aw a r d s2 1 <strong>UPS</strong> Buys MenloWorldwide Forw a rd i n g<strong>Teamster</strong> Represent Nearly 1,000 Workers at Company2 2 Fighting for Your RightsGrievances and Arbitrations Protect Members2 4 H e roes of the HighwayLocal 17 <strong>UPS</strong> Members Save LivesDEPARTMENTS1 Jim Hoffa/Ken HallMessages from the General President and<strong>Teamster</strong>s <strong>UPS</strong> Division Director2 <strong>Teamster</strong> News• Members Answer The Call• Louisiana <strong>Teamster</strong> Killed in Iraq• Union Fights to Protect Clerks’ Jobs• <strong>UPS</strong> Workers in Canada Ratify Contract• Local 177 Breaks Ground at FedEx• Driving Towards the Future• Keeping Members Informed• No Deal Yet for <strong>UPS</strong> Pilots2 3 S t e w a r d ’s CornerSupport Your Union, Secure Your FutureWINTER <strong>2004</strong> / <strong>2005</strong> VOLUME 1 / NO. 2<strong>International</strong> Brotherhoodof Te a m s t e r s25 Louisiana Avenue, NWWashington, DC 20001-21982 0 2 . 6 2 4 . 6 8 0 0u psTEAMSTER is a publication of the Intern a t i o n a lB ro t h e rhood of <strong>Teamster</strong>s, 25 Louisiana Av e n u e ,N . W., Washington, DC 20001-2198. It is publishedq u a rterly in January / F e b ru a ry / M a rch, April/May/June, July/August/September, and October/N o v e m b e r / D e c e m b e r. Periodical postage pending atWashington, D.C. and at additional mailing off i c e s .© <strong>2004</strong> <strong>International</strong> Bro t h e rhood of <strong>Teamster</strong>s.All rights re s e rved. Reproduction in whole or inpart without written permission is prohibited.Postmaster: Send address changes to The Te a m s t e r,A ffiliates Records Department, 25 Louisiana Av e n u e ,N . W., Washington, DC 20001-2198. Subscriptionrates: $12 per year. Single copies, $3. (All ord e r spayable in advance.) Members should send addre s schanges to their local union.


FROM THE GENERAL PRESIDENTJAMES P. HOFFAAfter November 2,Our Fight Co n t i n u e sDIRECTOR’S MESSAGEKEN HALLSigning Up MoreWorkers At U P SWhile our candidatefor Pre s i den t ,John Kerry, d i dnot wi n , we are proud thatthe Te a m s ters united in anh i s toric ef fort to fight for thei n terests of working families.Th o u gh Pre s i dent Bushwas re - el ected , m ore than55 mill i on people cast thei rvo te for a progre s s ive agen d a .We wi ll con ti nue the fight forthat agen d a .We wi ll con ti nue thef i ght for universal health care ,worker ri ghts and other issu e sthat are important to you atU P S – p a rti c u l a rly pen s i onreform and reti rem ent sec u ri ty.For the same re a s onsthat Con gress has foundit nece s s a ry to provi detem pora ry rel i ef to singl eem p l oyer pen s i on plans, i tmust also provi de tem pora ryrel i ef to mu l ti - em p l oyerpen s i on plans.ANOTHER TRYE a rl i er in <strong>2004</strong>, the Te a m s terssu pported a tem pora ry rel i efproposal for mu l ti - em p l oyerplans that would have givenpen s i on plan managers ach a n ce to stren g t h en thei rp l a n s . The Bush ad m i n i s tration oppo s ed rel i ef tomu l ti - em p l oyer plans.That hu rts many of yo u .De s p i te the setb ack , wewi ll con ti nue to push forpen s i on rel i ef so you getthe retirement securityyou de s erve . The Te a m s terswi ll work with everyone –Rep u bl i c a n , Dem oc rat andi n depen den t – who shares oura gen d a .This union has aproud history of com i n gtoget h er wh en faced with ad a u n ting task.Traveling around theco u n try over the past fewm on t h s , we were able to seef i rst-hand the en er gy andre s o lve among our mem bers .We have never been soproud to be a part of t h eTe a m s ter movem ent forecon omic ju s ti ce .To every Te a m s ter thatj oi n ed us in this cause, Ithank you for your ef fort ,your sac ri f i ce s , and yourcom m i tm en t .Fra tern a lly,Du ring the past co u p l eye a rs , the Te a m s tersUn i on has sign edup thousands of p a rt - timeworkers at <strong>UPS</strong> in so-call edri gh t - to - work state s . Th eef fort has been su ccessful du eto the ded i c a ti on of l oc a l s ,s tew a rds and other <strong>UPS</strong>workers , and the In tern a ti on a lUn i on's Pa rcel and Sm a llPack a ge Divi s i on and theO r ganizing Dep a rtm en t .While we are pleased wi t hthe su cce s s , t h ere is morework to be don e . Bec a u s et h ere is a high tu rn over in ourp a rt - time ra n k s , and bec a u s et h ere are thousands of o t h erp a rt - time workers wh oh aven't sign ed up, we haveour work cut out for us.We must show new workersthe ben efits of s i gning aTe a m s ter repre s en t a ti on card .We need to increase ourm em bership in order to bu i l dour bargaining stren g t h .Workers who receive the benefitsof repre s en t a ti on shouldnot be all owed to be free ri ders .ENHANCED EFFORTRecen t ly, the Te a m s ters Un i ons ent DVDs and vi deos tol ocal unions in so-call edri gh t - to - work states to bes h own du ring new - em p l oyeeori en t a ti on s . Our stew a rd sand business agents mustcon ti nue to play a key role inedu c a ting their pro s pectivem em bers . We must all do ourp a rt . If a coworker asks yo ua bo ut the ben efits of j oi n i n gthe 1.4-mill i on mem berTe a m s ters , explain to himor her why they need to joi nthe union .All the great thingscon t a i n ed in the Na ti on a lMa s ter Un i ted Pa rcel Servi ceAgreem ent didn't get there byacc i den t . Our bro t h ers ands i s ters fo u ght hard du ring pastn ego ti a ti on s . To keep wh a twe ' ve ga i n ed and to fightfor futu re ben ef i t s , we needto have bargaining cl o ut . Wecan on ly ach i eve that if wes ti ck toget h er by becom i n gTe a m s ters .We have many ch a ll en ge sa h e ad but if we remain unitedand build on our stren g t h , wewi ll su cceed . Help us do thatso we ' re in a bet ter po s i ti ontod ay–and tom orrow.Fra tern a lly,www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | upsTEAMSTER | 1


N EWS WINTER 04/05Members Answer The Call<strong>UPS</strong> <strong>Teamster</strong>s ServeTheir Country in Iraq, AfghanistanCC p l . Wi lliam “ Bi lly ” Green hadw a n ted to be in the Ma ri n eRe s erves since he got out ofh i gh sch oo l . Green , a 10-ye a rm em ber of Local 710 inCh i c a go who drives a pack a gecar for <strong>UPS</strong> wh en not on duty,f i n a lly sign ed up for there s erves in early Septem ber2 0 0 1 . His appoi n tm ent to signhis final indu cti on p a pers wass et for Septem ber 11.“ He was working part - ti m eat the ti m e , and he was load i n gthe tru ck next to mine them orning of Septem ber 11,telling me how he had ana ppoi n tm ent in half an hour tofinish the paperwork ,” said RonDi ll on , a stew a rd and 18-ye a rTe a m s ter at the Tri - Ci ty Cen terin We s t vi ll e , In d i a n a . Di ll onworked there with Green ' sf a t h er and has known Greens i n ce he started working therein 1994.Green , who serves in the24th Ma ri n e s , 2nd Ba t t a l i on ,We a pons Com p a ny, com p l etedhis training and was then call edup on June 1, 2 0 0 4 . He left forIraq in mid-Septem ber, a n dex pects to serve in Iraq unti lApri l . His wi fe , Jaime Green ,said it is sti ll up in the airwh et h er or not he wi ll haveto retu rn for a second tourof duty.Nu m erous <strong>UPS</strong> workers ares erving in Iraq and Afgh a n i s t a n .Som e , l i ke Army Sgt. 1st Cl a s sDan Gann, a n o t h er <strong>UPS</strong>Te a m s ter and Local 710m em ber, retu rn ed home withcombat inju ries and is back atwork . Some have retu rn edu n h a rm ed at the end of t h ei rto u r, and now face uncert a i n tya bo ut wh et h er they wi ll be sen tb ack overs e a s .“I'm trying to stay po s i tive ,”said Ja i m e , who del ivered thecouple's third child in October,a bo ut a month after Bi lly wass h i pped out to Ira q . “As anadu l t , you manage it and de a lwith it, but the kids have had are a lly to u gh ye a r.”Jaime said there were peop l ewho qu e s ti on ed her hu s b a n d ' sch oi ce to sign up for there s erve s , p a rti c u l a rly because heh ad a wi fe and ch i l d ren . But nom a t ter how hard the sep a ra ti oni s , Jaime said she had noqu e s ti on abo ut her po s i ti on .“I su pported him,” she said.“I think to him it was morei m portant for me to su pporthim than what everybody el s et h o u gh t .”While Bi lly Green is servi n gin Ira q , his Te a m s ter bro t h ersand sisters at the Tri - Ci ti e sCen ter have been put ti n gtoget h er care pack a ges to sen dh i m , as well as sending himemails to remind him they ' resu pporting him in his ef fort .Di ll on said the drivers , p a rt -ti m ers , and even the managersh ave con tri buted maga z i n e s ,ph one card s , and plen ty ofjunk food , i n cluding Twi n k i e s ,Slim Ji m s , Ho s tess cupc a ke sand pe a nut s . ■Louisiana Tea m s terKILLED IN IRAQArmy Spec . Jo s eph C.Th i bode a u x , 24 , wh oh oped to retu rn from Iraq tod rive a pack a ge car at <strong>UPS</strong>,was kill ed Septem ber 1, 200 4in nort h ern Iraq by en emyg u n f i re .Th i bode a u x , a form erm em ber of Local 270 inNew Orl e a n s , worked at theL a f ayet te , Louisiana <strong>UPS</strong>cen ter for abo ut a ye a r, as ap a rt - time inside worker, u n ti lhe joi n ed the Army in 2000.“Wh en he finished hisArmy duty, he wanted toretu rn to <strong>UPS</strong> and work as ad river–he re a lly liked his job atU P S ,” said his mother, Rebecc aTh i bode a u x .“ Joe received a Bron ze Starand Pu rple He a rt ,” his mothers a i d . “ Joe was well liked andwas a men tor to many of t h eyo u n ger troops there just as hewas men tored by the oldercoworkers at <strong>UPS</strong>.”M rs . Th i bodeaux said acoworker at <strong>UPS</strong> gave her sonhis Army soldier's handboo kwh en he joi n ed the military.“I plan to get in to u ch wi t hthat worker and thank him.” ■2 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


UNION FIGHTS TOPROTECT CLERKS’J O B SD ec i s i on Pending in Rep re s en t a ti on Ca s eTea m s ter leaders are figh ting tom a ke su re that certain cl erks wh oh a n dle intern a ti onal pack a ges at<strong>UPS</strong> remain mem bers of the barga i n i n gunit so that they receive all the ben ef i t sand ri ghts of bel on ging to the union .Du ring the 2002 Na ti onal Ma s ter <strong>UPS</strong>Agreem ent con tract nego ti a ti on s , t h eu n i on won improved con tract languagerega rding tech n o l ogical ch a n ge s . The langu a ge spec i f i ed that bargaining unit workwould remain in the bargaining unit, a n dobl i ga ted the com p a ny to provi de tra i n i n gto bargaining unit em p l oyees affected byf utu re tech n o l ogical ch a n ge s .The com p a ny also agreed to recogn i zeas bargaining unit cl a s s i f i c a ti ons FDC /O DC cl erk s , i n tern a ti onal auditors ,“s m a rt label ” cl erks and revenue auditorswho work in the opera ti ons cen ters .The union pursu ed the con tractl a n g u a ge after nu m erous Te a m s ters filedgri eva n ces over the com p a ny assign i n gt h eir work to non - b a r gaining unitworkers or su bcon tractors .However, de s p i te receiving su b s t a n ti a lw a ge increases and ben efit improvem en t s ,four <strong>UPS</strong> em p l oyees in Lo u i s vi ll e , Ken tu ckyf i l ed a ch a r ge with Regi on 9 of t h eNa ti onal Labor Rel a ti ons Boa rd (NLRB)over having to become a mem ber of t h eb a r gaining unit. The ch a r ges led Regi on 9to issue a complaint all eging that thecom p a ny's dec i s i on to recogn i ze theF DC / O DC and intern a ti onal auditorpo s i ti ons as part of the bargaining unitywas unlawf u l .FIGHT ENSUESThe Te a m s ters Pa rcel and Sm a ll Pack a geDivi s i on and the Legal Dep a rtm en ts prang into acti on to pro tect mem bers 'i n tere s t s . The NLRB complaint prom pteda hearing in October, du ring wh i ch ti m e10 Te a m s ters who work as cl erks te s ti f i edthat they should remain in the barga i n i n gu n i t . At press ti m e , the union was prep a r-ing to file bri efs with an ad m i n i s tra tivel aw ju d ge . A dec i s i on in the case is ex pectedsom etime in <strong>2005</strong>.“ Ma ny of these bargaining unit job swere sto l en by the com p a ny du ring pri orye a rs and we are just trying to pro tectthese Te a m s ter job s ,” said Ken Ha ll ,Di rector of the Te a m s ters Pa rcel andSm a ll Pack a ge Divi s i on . “These job sshould remain part of the bargaining unitso our mem bers retain the ri ghts and protections they de s erve working under theu n i on con tract .”The Te a m s ters who te s ti f i ed du ring theO ctober hearing agree .“We had alw ays done the audits of t h ei n tern a ti onal pack a ges to make su re theygot thro u gh customs of f i ce s ,” said Su a n nRod gers , a mem ber of Local 332 in Flint,Mi ch i gan who has worked at <strong>UPS</strong> for14 ye a rs .“ Non - b a r gaining unit workersdon't have the knowl ed ge , ex peri en ceand ex pertise to do these job s ,” s a i dRod gers , a form er cl erk who now drivesa pack a ge car.“We were doing the jobs from thebegi n n i n g,” said Bern a rd Wri gh t , a3 1 - year <strong>UPS</strong> em p l oyee from San Ma teo,Ca l i forn i a . “Th ey asked union mem bersto become auditors . We did the auditsby hand for five to six ye a rs , t h en theys wi tch ed to com p uters in 1999.”The other Te a m s ters who te s ti f i ed wereS h a n n on Mc L a u ghlin of Local 294, Ti mCaza of Local 317, Tom Wh e a t l ey of Loc a l693 and Ma rtin Gill of Local 294, a ll of<strong>UPS</strong> Workersin CanadaRatify ContractSi x-Year Dea l Ra i s e sWa ge s , Boosts Ben ef i t sFo ll owing a on e - d ay stri ke ,<strong>UPS</strong> and Te a m s ters Ca n ad are ach ed a ten t a tive con tracta greem ent and workers retu rn edto their jobs in late Novem ber.A majori ty of m em bers at allthe local union s — except on e ,Local 938—vo ted to ra tify thes i x - year con tract .At press ti m e , m em bers ofLocal 938 in Mi s s i s s a u ga , O n t a ri owere scheduled to vote on thecontract.The six-year contract increaseswages and contains otherimprovements.The <strong>Teamster</strong>s Union representsabout 3,800 members at<strong>UPS</strong> throughout Canada.New York state ; Donna Al bri ght of Loc a l90 in Iow a ; Lisa Och el tree of Local 509 inSo uth Ca ro l i n a ; Dale England of Loc a l480 in Ten n e s s ee ; and Steven Mi ll er ofLocal 261 in Pen n s ylva n i a .“I thank all the mem bers who too kthe time of f to te s ti f y,” Ha ll said.■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | upsTEAMSTER | 3


N EWS WINTER 04/05>> O P T I M I S T I CLocal 177 Breaks Ground at FedExE l ec ti on Re sults Are Pen d i n gLocal 177 in Hi ll s i de , New Jers ey is hoping to win the firs tTe a m s ters repre s en t a ti on el ecti on at Fed Ex Gro u n d .Local 177 leaders recen t ly got the go - a h e ad for an el ecti onf rom the Na ti onal Labor Rel a ti ons Boa rd (NLRB) on beh a l f ofa ll full - time and part - time pickup and del ivery con tractors , l i n ehaul drivers , con tractors , tem pora ry drivers and swing driversem p l oyed by Fed Ex Ground at its Fa i rf i el d , New Jers ey cen ter.Th ere are abo ut 40 workers in the bargaining unit.The workers vo ted in early Decem ber. However, because thecom p a ny appe a l ed the NLRB's dec i s i on that the workers areem p l oyees ra t h er than indepen dent con tractors , the ballot boxwas locked pending the appe a l .Te a m s ter leaders remain opti m i s ti c .“This is a major step in our ef fort to make su re that all workersin the pack a ge - del ivery indu s try get the fair wages and solidben efits they de s erve ,” said Ken Ha ll , Di rector of the Te a m s tersPa rcel and Sm a ll Pack a ge Divi s i on . “We are making progress atDHL and we hope to even tu a lly do the same at Fed Ex . I thankLocal 177 for its ef fort s .”EARLIER DECISIONMost em p l oyees at Fed Ex are covered by the Ra i lw ay Labor Act( R LA ) . Thu s , or ganizing the workers has faltered . That's bec a u s ethe RLA requ i res workers to be or ga n i zed at all loc a ti ons at on ce ,not at sep a ra te loc a ti on s . However, in May 2001, the NLRBa s s erted ju ri s d i cti on over bargaining ri ghts at Federal Ex pre s sGround Pack a ge Sys tem , the su rf ace wing of the giant airp ack a ge del ivery com p a ny.With less than 1 percent of Fed Ex Ground's pack a ges travelingby air, the NLRB noted that the su b s i d i a ry does not performs ervi ces pri n c i p a lly for the air carri er, n or are its opera ti ons ani n tegral part of the Fed Ex tra n s port a ti on sys tem . Accord i n gly, t h eNLRB found that “ Fed Ex Ground is cl e a rly an em p l oyer su bj ectto the NLRA (Na ti onal Labor Rel a ti ons Act ) , and that it isu n n ece s s a ry to refer this ju ri s d i cti onal qu e s ti on to the NMB( Na ti onal Med i a ti on Boa rd ) ,” wh i ch has overs i ght under theRa i lw ay Labor Act (RLA ) .In the most recent case, the NLRB dismissed Fed Ex's claimthat the drivers in qu e s ti on were re a lly indepen dent con tractorsa n d / or tem pora ry drivers em p l oyed not by Fed Exbut by a tem pora ry agen c y.“These workers do the same things that <strong>UPS</strong>d rivers do, except that these drivers must pay tomaintain their tru cks and pay for el ectron i cequ i pm ent used to do their job. Th ey must alsop ay their own worker's com pen s a ti on prem iu m sand pay other drivers who may need to cover fort h em if t h ey ' re unable to work ,” said Way n eFern i co l a , Local 177 Sec ret a ry - Tre a su rer.“The Te a m s ters have tri ed to set up el ecti on sin the past but the el ecti ons never happen ed . Were s e a rch ed those cases and others to argue ourcase here ,” Fern i cola said.The NLRB found that the Fa i rf i eld driverswere em p l oyees within the meaning of the law,and since the “tem pora ry ” d rivers were joi n t lyem p l oyed by Fed Ex and the temp agen c y, t h eys h a red a com mu n i ty of i n terest with the otherd rivers . Al s o, s i n ce the drivers were em p l oyed fori n def i n i te peri od s , t h ey are con s i dered em p l oyee sand properly inclu ded in the bargaining unit. ■4 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


Driving To w a rd the FutureHyd rogen Fu el - Cell Pa ck a ge Car Offers a Cl ean Del iveryCh a rmaine Fa rrell gets a lot ofqu e s ti ons abo ut her big browntru ck . Her <strong>UPS</strong> tru ck is spec i a l – i t ' sa glimpse into the f utu re .In May 2003, U P S , the Envi ron m en t a lPro tecti on Agency (EPA) and Daimler-Ch rys l er announced a co ll a bora tive ef fortto adva n ce the state of hyd rogen fuel cell sby launching a plan to incorpora te thetech n o l ogy into the first com m ercialdel ivery fleet in North Am eri c a .Fa rrell is one of the first Te a m s ters tod rive a hyd rogen fuel - cell pack a ge car atU P S . A nine-year mem ber of Local 243in Detroi t , Fa rrell first began driving ahyd rogen fuel - cell veh i cle in April <strong>2004</strong>du ring part of h er del ivery ro ute in An nArbor, Mi ch i ga n . In s te ad of a bi g, browntru ck , Fa rrell found hers el f behind thewh eel of a slee k , aerodynamic Mercede sClass A fuel - cell wagon .“Ch rys l er came to <strong>UPS</strong> looking for ad river who has ex peri en ce . I guess I fitthat bi ll ,” Fa rrell said. “I didn't know itwas going to be a Mercede s . I was re a llyexc i ted wh en I found out .”Fa rrell en j oyed driving part of h erdown town ro ute in that car, wh i ch had atop speed of 85 mph and maximu mra n ge of 93 miles. In Septem ber, h owever,Fa rrell had a new veh i cle assign ed to heras part of the ex peri m ent–a fuel cell“S pri n ter.” Some workers have ex pre s s edcon cerns abo ut the Spri n ters’ ven ti l a ti ons ys tem . The union is working with <strong>UPS</strong>to ad d ress those con cern s .“I was sad to see the car go–it wasa lot of fun to drive ,” Fa rrell said. “ ButI was re a lly exc i ted to see what thisp ack a ge tru ck could do com p a red to theregular on e s .”A CLEAN MACHINEFa rrell has found that the Spri n terperforms ad m i ra bly on a day - to - d ayb a s i s . In her ex peri en ce , the Spri n teractu a lly has bet ter pickup than its dieselen gine co u n terp a rt . However, with al i m i ted ra n ge of a round 150 miles,Fa rrell sti ll drives a regular pack a ge tru ckp a rt of the day.“I think my favori te part of d rivi n gthis tru ck are the qu e s ti ons I get from thepeople that see it everyd ay,” Fa rrell said.“Ch i l d ren are alw ays asking if I wi ll bri n git by their sch oo l . O f co u rse I try andget my job done before I do a littles h ow and tell .”And there is a lot to tell abo ut thehyd rogen fuel cell Spri n ters . Th ey arep a rt of the initial re a l - world test of t h i stech n o l ogy in the Un i ted States as partof a com m ercial fleet . It is the first steptow a rd <strong>UPS</strong> adding zero - em i s s i onen gines thro u gh o ut the fleet of 8 8 , 0 0 0veh i cles on a full - time basis.The fuel cell en gine works byconverting ch emical en er gy–in this case,hyd rogen re acting with ox ygen – i n to el ectric i ty wi t h o ut com bu s ti on . The re acti onprodu ces water va por and heat as the on lybyprodu ct s . The Spri n ter Fa rrell drives isf i ll ed up at a hyd rogen ref u eling stati on inAnn Arbor.“This has been a great hon or, p a rti c i-p a ting in this proj ect for <strong>UPS</strong>,” Fa rrells a i d . “This tech n o l ogy may re a lly ch a n get h i n gs . It doesn't po llute the air and hasthe same cargo space and pickup ofa regular tru ck .”If this program is any indicati on ,the com p a ny known as “ Big Brown”m ay start being assoc i a ted with a newco l or – green . ■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 5


N EWS WINTER 04/05>> M E M B E R S H I PKeeping Members In f o rm e dL ocal Un i ons Report <strong>UPS</strong> NewsRealizing that inform a ti on ispower, m ore and more loc a lu n i ons are making su re <strong>UPS</strong>m em bers are kept inform ed thro u ghn ews l et ters and special publ i c a ti on s .“ From let ting them know abo ut thei rWei n ga rten ri ghts to su ccessful gri evan ce s , we are making su re our mem bersk n ow abo ut their ri gh t s ,” said Jo h n nyBo l ton , Sec ret a ry - Tre a su rer of Local 89 inLo u i s vi ll e , Ken tu cky.Local 89 represents about 8,500m em bers at <strong>UPS</strong>'s air hub and at gro u n dlocations. The newsletter, which isp u bl i s h ed six times a ye a r, fe a tu res arti cl e sa bo ut <strong>UPS</strong> and most of the time inclu de sat least three <strong>UPS</strong>-rel a ted stori e s .Recent stories foc u s ed on 10 gri evan ces the local won and con tract ri gh t sthat some mem bers may have not beenaw a re they had .“We let the mem bers know we ' re herefor them and that we are ava i l a ble to hel p“We let the m em bersk n ow we ' re herefor them and that wea re ava i l a ble to hel pt h em in any w ay we can.”– JOHNNY BO LTO N ,S E C R E TA RY- T R E A S U R E R , LOCAL 89t h em in any way we can,” Bo l ton said.At Local 804 in Long Island Ci ty, NewYork , the 8,000 or so <strong>UPS</strong> mem bers at thel ocal receive a news l et ter at their hom e severy three mon t h s , and they can download the news l et ter of f Local 804's web site .“Si n ce I took over the local ei ghtye a rs ago, I have made mem ber outre acha pri ori ty,” said How a rd Red m on d ,Pre s i dent of Local 804. “We con ti nue towri te stories of i m port a n ce to our <strong>UPS</strong>m em bers so they are aw a re of t h eir ri gh t son the job.”“Almost every story we report is rel a t-ed som ewhat to our <strong>UPS</strong> mem bers ,”ad ded Bi ll Le a ry, a Local 804 Tru s tee wh oedits the news l et ter.BROWN SHORTS NEWSLocal 174 in Seattle is doing its part wi t ha new news l et ter ti t l ed Brown Short sNews .Pu bl i s h ed qu a rterly, the news l et terh i gh l i ghts the latest news for the morethan 2,000 <strong>UPS</strong> mem bers at Local 174.For ex a m p l e , a recent ed i ti on of t h en ews l et ter fe a tu red a story abo ut management's tro u bling trend of d i s qu a l i f yi n gp a rt - time em p l oyees trying to qualify asd rivers . Ad d i ti on a lly, the local has filedgri eva n ces over the issu e .“The idea for Brown Shorts Newss t a rted with the Seattle pack a ge - d rivers tew a rd s ,” said Pat Frey, a business agen tat Local 174. “We have a breakfast withs tew a rds on ce a qu a rter and they told us an ews l et ter would be well received . Th ere s ponse has been gre a t .”While the news l et ter contains seri o u sn ews , the local tries to keep a sense ofhu m or. The news l et ter aut h ors usec a rtoons and hu m orous anecdo tes alon gwith useful inform a ti on to keep them em bership inform ed . ■6 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


S O L I D A R I T YNo Deal Yet for <strong>UPS</strong> PilotsHolding PatternAf ter more than two ye a rs of n egotia ti ons bet ween Un i ted Pa rcelServi ce and the In depen dent PilotsAs s oc i a ti on (IPA ), wh i ch repre s ents som e2,500 pilots who fly for the com p a ny, t h ep a rties have yet to re ach an agreem ent ons everal key con tract provi s i on s .The third round of talks med i a ted bythe Na ti onal Med i a ti on Boa rd (NMB)recen t ly con clu ded with little headw ay.At press ti m e , t wo more rounds ofd i s c u s s i ons were sch edu l ed by year's en d .Jim Hof f a , Te a m s ters Gen era lPre s i den t , m et with IPA Pre s i dentTom Ni ch o l s on in Wa s h i n g ton , D. C .to ex press his su pport in their on goi n gcon tract nego ti a ti on s . “The IPA has alw ayss tood by the Te a m s ters wh en we haven eeded them and we wi ll do the same,”he said.The parties have yet to settle on majori s su e s , su ch as com pen s a ti on , s ch edu l i n gand reti rem en t . I PA spo kesman Bri a nG a u det said that on ly minor tem pora rya greem ents in the pact's sch eduling are ah ave been re ach ed to date . “We ' re spen d-ing weeks nego ti a ting on niche areas andnot re aching a re s o luti on ,” G a u det said.The union has pre s en ted <strong>UPS</strong> wi t hcom preh en s ive proposals rega rding itsm a j or con cern s . For the second mon t h ,the com p a ny's nego ti a tors have decl i n eddiscussing econ omic issues before sch edulingis re s o lved .Af ter 22 months of d i rect nego ti a ti on sf a i l ed to yi eld a con tract , the parties joi n t lya s ked the NMB to revi ew their case inAu g u s t . The com p a ny's announced hiri n gof at least 100 pilots thro u gh <strong>2005</strong>, t h ef i rst su ch move in three ye a rs , wi ll nota f fect talks. G a u det pra i s ed the acti on butad ded that it “b a rely ad d resses attri ti on .”<strong>UPS</strong> reported net income growth of 18 . 2percent in the second qu a rter of <strong>2004</strong> ,a i ded by strong growth in its gl obal smallp ack a ge bu s i n e s s , mu chof wh i ch relies onits pilots. ■Deaf Employees Win Decision,But Ruling Put on HoldFederal Ju d ge Rules That Com p a nyMust Test All Workers the Same WayDe a f <strong>UPS</strong> em p l oyees must begra n ted the ch a n ce to drivep ack a ge car tru cks if t h ey cans h ow their abi l i ty to drive as safely asem p l oyees with normal heari n g,accordingto a recent federal ruling on a nati onwide discri m i n a ti on su i t . However, s h ort lybefore press ti m e , a federal ju d ge put ahold on the ruling while the com p a nyprep a red an appe a l .The Te a m s ters Un i on has cl o s elyw a tch ed the case and LaMont Byrd ,Di rector of the Te a m s ters Sa fety andHealth Dep a rtm en t , even te s ti f i ed du ri n gthe trial on beh a l f of the workers . Du ri n ga trial last ye a r, <strong>UPS</strong> failed to dem on s tra tethat the de a f a re inheren t ly unable tod rive , according to a U. S . Di s tri ct Co u rtru l i n g.“ He a ring alone does not makes om eone a safe driver,” the ju d ge wro te .The ju d ge noted that states all ow thede a f to drive cars , and said that stu d i e sh ave yet to prove these drivers are moreacc i den t - pron e . At least some de a f d riverscan com pen s a te , he said, by being ex tra alertto vi sual clues and using ad d i ti onal mirrorsand other aids. The dec i s i on all ows the de a fto app ly for jobs as drivers of p ack a ge cars .De a f workers' ri ght to drive smalldel ivery is the final issue invo lved with aTom Nicholson, President of the Independent Pilots Association(center) meets with Jim Hoffa (right) and Ken Hall (left).cl a s s - acti on suit filed in 1999 on beh a l f ofm ore than 1,000 heari n g - i m p a i red <strong>UPS</strong>workers . In a Ju ly 2003 set t l em en t , thecom p a ny agreed to pay de a f workers$5.8 mill i on in damages and to provi det h em ef fective com mu n i c a ti on s , i n clu d i n gvi bra ting pagers , tex t - m e s s a ge tel eph on e sand interpreters du ring ori en t a ti on ,training and meeti n gs .“ If de a f d rivers can show they canh a n dle the tru cks safely and they havethe proper driver's licen s e , I don't seewhy they ' re not able to drive the tru ck s ,”said Local 70 Business Agent Ma rty Fra te s ,who was invo lved in the Ju ly 2003s et t l em en t .“Af ter ye a rs of s tru ggling it is veryrew a rding to hear that <strong>UPS</strong> can no lon gerprevent me from advancing to a drivi n gpo s i ti on simply because I am de a f ,”p l a i n ti f f Ba b a ra n ti Ol oyede , a 13-ye a r-em p l oyee , told the Am erican As s oc i a ti on sof People with Di s a bi l i ti e s . “ I , and otherde a f people thro u gh o ut the co u n ty,wi ll now be eva lu a ted for po s i ti ons basedon our abi l i ties like everyone else andnot sys tem a ti c a lly exclu ded because ofour disabi l i ti e s .” ■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 7


Tea m s ters Orga n i zeIn depen dent Con tra c tors at DHLDe l i v e r i n g TFelix Ma l don edo, who del ivers pack a ge sfor DHL at an indepen dent con tractor,was ti red of not having his voi ce heardat work .Ma l don edo and his 26 coworkers dids om ething abo ut it–they joi n ed theTe a m s ters . The workers at J & S Del iveryIn c . in Frederi ck , Ma ryland are just thel a test em p l oyees at DHL indepen dentcon tractors ac ross the co u n try who aregaining a strong voi ce by joining theTe a m s ters . At press ti m e , m ore than500 em p l oyees at DHL indepen dentcon tractors had joi n ed the Te a m s ters .“We didn't have the voi ce or thes trength to make su re our con cerns wereh e a rd ,” Ma l don edo said. “We needed hel pin get ting re s pect and a fair playing fiel dfor nego ti a ti ons too. The Te a m s ters havea good rep ut a ti on so we asked for thei ra s s i s t a n ce .”The 27 workers sought the help ofLocal 992 in Ha gers town , Ma ryland wh enthe com p a ny did not take their con cern sa bo ut wage s , health care , s en i ori ty andpen s i ons seri o u s ly. The workers at J & Sm a ke sign i f i c a n t ly less mon ey and havefewer ben efits than most other em p l oyee sin similar po s i ti ons around the regi on .COUNTERPUNCHDHL is inve s ting $1.2 bi ll i on in theUn i ted States to bet ter com pete aga i n s tU P S , Fed Ex and other pack a ge - del iverycom p a n i e s . The Te a m s ters Un i on isco u n tering with a nati onal stra tegicc a m p a i gn to or ga n i ze the em p l oyees ofcompanies that con tract with DHL.“We want to or ga n i ze DHL workersat the more than 400 indepen dentcon tractors that del iver pack a ge s ,” s a i dTys on Jo h n s on , Di rector of the Te a m s tersFrei ght Divi s i on . The new em p l oyees areu n der the auspices of the Frei ght Divi s i onbecause DHL em p l oyees work underthe Na ti onal Ma s ter Frei ght Agreem en t( N M FA ) .At press ti m e , 522 workers at 17d i f ferent indepen dent con tractors hada l re ady form ed a union with theTe a m s ters and there is a po ten tial foru pw a rds of 9,000 ad d i ti onal mem bers .“We are using the strength of t h eu n i on to cre a te a coord i n a ted , coopera tivec a m p a i gn to get the job done so thatthese workers get the pay and ben ef i t st h ey de s erve ,” said Jef f Fa rm er, Di rectorof the Te a m s ters Organizing Dep a rtm en t .Fa rm er's dep a rtm ent is providing loc a lu n i ons with a game plan to or ga n i ze thei n depen dent con tractors .Al s o, the Te a m s ters Legal Dep a rtm en tis providing model con tract languageand wi ll handle any unfair labor practi ce s(ULP) complaints that get filed in thec a m p a i gn .“We wi ll en su re that both DHL and<strong>UPS</strong> workers receive the pay and ben ef i t st h ey de s erve ,” said Ken Ha ll , Di rectorof the Te a m s ters Pa rcel and Sm a llPack a ge Divi s i on . “The union is doing agreat job under the leadership of t h ef rei ght divi s i on .”FAST RESPONSEIn the J & S vi ctory, Local 992 Bu s i n e s sAgent Ron Merceruio and Skip Neel ey,an or ga n i zer for Joint Council 62, bega nthe or ganizing process ri ght aw ay,coord i n a ting meeti n gs , ph one calls andhouse vi s i t s . Denis Tayl or, Pre s i dent of8 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


The Vo t eJoint Council 62, also sent Business Agen tJim Deene and Tru s tee Mi ke Kra i n erdown to Local 992 to lend a hand.“The com p a ny was trying to use scaret actics on these guys from the start ,”said Neel ey.“Th ere were threats of closing downthe com p a ny, withholding the $50 holidaybonu s , you name it. We wanted to getthe inform a ti on abo ut the ben efits ofthe union out qu i ck ly to co u n ter thoset h re a t s . Several of these guys re a lly putt h eir necks out for their fell ow workers ,not backing down . I'm proud to call themTe a m s ters .”Now that the vi ctory has been sec u red ,the prel i m i n a ry steps have been taken tobegin the con tract nego ti a ting proce s s .Tom Kra u s e , Sec ret a ry - Tre a su rer of Loc a l992 is hopeful that process wi ll getu n derw ay soon .FIGHT FOR JUSTICE“I look forw a rd to winning a strongcon tract for these workers–it's clear theyh ave been tre a ted unfairly in the past,”Krause said. “Th ey de s erve to earn adecent wage to take care of t h eir familiesand they de s erve to be tre a ted with thesame re s pect com p a ny managers wo u l dex pect for them s elve s . We intend to seethat they get it.”The Te a m s ters repre s ent abo ut 9,000DHL em p l oyees who previ o u s ly workedat Ai rborn e , wh i ch DHL acqu i red lastyear for $1.05 bi ll i on . This nu m beri n clu des approx i m a tely 800 pilotsem p l oyed by ABX Air thro u gh o ut theUn i ted State s , repre s en ted by Local 1224in Wi l m i n g ton , O h i o, and approx i m a tely8,000 drivers , dock workers and cl eri c a lworkers under the NMFA and wh i tep a per con tract s .In ad d i ti on to the vi ctory in Frederi ck ,Ma ryl a n d , the Te a m s ters have or ga n i zedDHL indepen dent con tractors in Wort h i n g -ton , Pen n s ylva n i a ; San Di ego ; Olym p i a ,Wa s h i n g ton ; Vi r ginia Be ach , Vi r gi n i a ;E a s ton , Ma ryl a n d ; Bri d gevi ll e , Del aw a re ;Port l a n d , O regon ; Hu n ti n g ton , We s tVi r gi n i a ; and Depew, New York . ■WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 9


Effort to IncreaseUnion MembershipHits High GearSignMeUp !Lewis Mon s on is a persu a s ive–and pers i s ten t – Te a m s ters tew a rd at <strong>UPS</strong>.And wh en it comes to signing up new part - ti m ers at <strong>UPS</strong>in so-call ed ri gh t - to - work state s , Mon s on has a stellar record .“The com p a ny hired 35 part - ti m ers at the Tulsa cen ter a wh i l eb ack and I got 34 of t h em to sign up,” said Mon s on , a 16-ye a r<strong>UPS</strong> em p l oyee who is a mem ber of Local 516 in Mu s kogee ,O k l a h om a .<strong>UPS</strong> mem bers like Mon s on are why the Te a m s ters' ef fort tos i gn up new mem bers has go t ten of f to su ch a fast start .“Si n ce Ju ly 2003, the Te a m s ters have sign ed up thousandsof workers at <strong>UPS</strong>,” said Leon Sm i t h , an In tern a ti onal Un i onor ga n i zer taking part in the ef fort .In fact , u n der the leadership of Te a m s ters Gen eral Pre s i den tJim Hof f a , the union hired Smith and fell ow In tern a ti on a lO r ga n i zer Jerry Ha l berg to lead the campaign .“G en eral Pre s i dent Hoffa recogn i zes the import a n ce of t h i sef fort ,” said Ken Ha ll , Di rector of the union's Pa rcel and Sm a llPack a ge Divi s i on .GETTING A BOOSTThe campaign to sign up mem bers got a major boost recen t lywh en the In tern a ti onal Un i on sent ori en t a ti on vi deo s / DVDs to1 0 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


l ocal unions in so-call ed ri gh t - to - work state s . The vi deo wi llf a m i l i a ri ze new workers with the Te a m s ters and show thei m port a n ce of j oining the union . Workers have also been get ti n grecorded tel eph one messages from Hoffa and from Ha ll abo utthe import a n ce of j oining the union .Al s o, the Te a m s ters Un i on has iden ti f i ed all the non – m em bersat <strong>UPS</strong> and sent them aut h ori z a ti on cards to use to join theTe a m s ters , p a rt of the all - o ut ef fort .“We are pleased with the re sults of con t acting the non –m em bers . It shows how we con ti nue to make signing up newm em bers in so-call ed ri gh t - to - work states a pri ori ty,” Ha ll said.“ In c reasing our mem bership gives us strength wh en it com e stime to bargain with the com p a ny. The union works hard tou l ti m a tely repre s ent all workers and there is no room for freeri ders . Un i ty is very import a n t .”In Tu l s a , Mon s on leads an ori en t a ti on session for all then ew workers in the pre - l oad dep a rtm en t , explaining the roleof the union and the ben efits Te a m s ters receive .FIGHTING MYTHS“One of the bi ggest myths the new workers bel i eve is thatthe com p a ny simply provi des the ben ef i t s . I tell them that allthe ben efits they receive are the re sult of the union nego ti a ti n gon their beh a l f ,” Mon s on said. “Wi t h o ut the Te a m s ters , theben efits wouldn't be in place . I also explain the con cept thatworkers are innocent until proven guilty and I outline all theva rious ben ef i t s .”Mon s on does a great job persu ading his new coworkers .However, i f t h ey don't join ri ght aw ay, he caref u lly keeps trackof the names. L a ter, he revisits the list and talks to each of t h ecoworkers who haven't yet joi n ed . The pers i s ten ce pays of f .“The more we sti ck toget h er, the more that join the union ,the stron ger we all are ,” Mon s on said.S tew a rds like Mon s on are a major re a s on why the ef fort isworking so well , said Sm i t h , the In tern a ti onal Un i on or ga n i zer.Smith meets with stew a rds to tell them the import a n ce ofthe campaign and the stew a rds in tu rn meet with the em p l oyees – n ew and old alike .A SMALL PRICE“I tell everyone that the cost of j oining the union equals the co s tof a Big Mac and Di et Co ke per week at Mc Don a l d ' s ,” Sm i t hs a i d . “That's a small pri ce to pay for get ting solid repre s en t a ti onand the backing of the most powerful union in North Am eri c a .”Smith is passion a te in his message to workers .“I tell the <strong>UPS</strong> workers that their bro t h ers and sisters havewww.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 1 1


SIGN ME UP!fo u ght for many ye a rs fora ll the ben efits they haven ow. We need to have asm a ny mem bers as po s s i bl eto hold on to all the ga i n swe have made ,” Smith said.“ If workers don't join theu n i on , t h ey ' re we a ken i n gour stren g t h .”Smith credits loc a lu n i on l e aders for making the campaign a su cce s s .“ Ma ny local union leaders have been to t a lly invo lved ,” Sm i t hs a i d . “Th ey understand the import a n ce of s i gning up mem bers .I pers on a lly have hel ped sign up more than 4,000 <strong>UPS</strong> workersbut I couldn't have done it wi t h o ut the help of l ocal union leaders .”NO FREE RIDERa n d a ll Sa n ders on , Sec ret a ry - Tre a su rer of Local 373 in FortSm i t h , Ark a n s a s , said some people refer to non - m em bers as“f ree - ri ders ,” but he prefers the term “f reel oaders .”Sa n ders on said Smith and other In tern a ti onal Un i onor ga n i zers have done a great job en er gizing the workers athis loc a l . Dozens and dozens of workers have sign ed upu n der the campaign .“ Leon is an asset . We need the en t husiasm of an or ga n i zer.He's en t hu s i a s ti c ,” Sa n ders on said.Joining the Te a m s ters is part of s om ething even larger,Sa n ders on said.“We need to have our mem bers re a l i ze that by joining theTe a m s ters they are part of a mu ch larger movem ent call ed theAm erican labor movem en t ,” he said. “The labor movem ent isre s pon s i ble for all the gains in the work p l ace . Th ey ' re ei t h er partof it or they are working against it.”Jerry Van All en , Local 516 Sec ret a ry - Tre a su rer, said his localis a small on e , with abo ut 800 mem bers . “ But the campaign tos i gn up mem bers has been an immed i a te su cce s s ,” he ad ded .DEDICATED STEWARDSThe local has many ded i c a ted <strong>UPS</strong> stew a rds who do a greatj ob of s i gning mem bers up. Du ring a recent stew a rds' sem i n a r,n e a rly all showed up, and many had to drive 150 miles or more .“The stew a rds left here en er gi zed abo ut the program andtook it to heart ,” Van All en said.O k l a h oma en acted so-call ed ri gh t - to - work laws in the fall of2 0 0 1 , c re a ting big ch a ll en ges for Local 516.“ If we don't keep our mem bership up, our local is goingto cease to ex i s t . That's why this campaign is so import a n t , a n dwe ' re doing re a lly well ,” Van All en said.Jim Sheard , Sec ret a ry - Tre a su rer of Local 554 in Omaha,Nebra s k a , said his local sign ed up close to 300 part - time workers1 2 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


SIGN ME UP!at <strong>UPS</strong> abo ut three ye a rs ago as partof an earl i er ef fort . E ach new mem berreceived a T- s h i rt that re ad “ Pa rt - ti m e<strong>UPS</strong> worker, f u ll - time Te a m s ter.” Th el ocal sti ll gives the T- s h i rts to newm em bers .SUCCESS IN OMAHAE a rl i er this ye a r, Local 554 or ga n i zeda coo ko ut at <strong>UPS</strong> cen ters , cookinghu n d reds of bu r gers and signing up85 new mem bers . L a ter, 20 workerss i gn ed aut h ori z a ti on cards theTe a m s ters Un i on had sent to them .“Our <strong>UPS</strong> mem bership ri ght nowis the highest it's ever been ,” S h e a rd said.S h e a rd said the part - time workers at <strong>UPS</strong> receive abo ut $8.50per hour. “The workers can make a com p a ra ble wage at otherp l aces but the ben efits and job sec u ri ty are su peri or at <strong>UPS</strong>,”S h e a rd said. “ In get ting them toj oin the Te a m s ters , I ask them ,' Wh ere else can you get a part -time job with ben efits?' Th eyre a l i ze that the union has fo u gh th a rd to get those ben ef i t s , a n d“I tell everyon e that thecost of j oining the union equ a l sthe cost of a Big Mac and Diet Co keper week at Mc D on a l d ' s ,”–LEON SMITH,I N T E R NAT I O NAL UNION ORGANIZERt h ey re a l i ze the import a n ce of j oining the union so that we wi llcon ti nue to nego ti a te for these great ben ef i t s .”Ha l ber g, a l ong with Sm i t h , travels around the co u n try to signup <strong>UPS</strong> mem bers . Ha l berg said he likes to talk to the workersa bo ut the great ben efits they receive .“Th ere are many ben efits toj oining the union . The recepti onin the ri gh t - to - work states hasbeen gre a t ,” Ha l berg said. “Th eya re mem bers because they wantto be mem bers .” ■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 1 3


A TAXING TIMEA Taxing Ti m eTIPS TO SAVE YOUMONEY, HEADACHESBy Cameron HuddlestonTrack DownYOUR TAX RECOR D SOver the next several weeks youwill begin to receive tax formsfrom your employer, banker, brokerand others. (If your forms do notarrive on time find out what to doat www.kiplinger.com/basics/archives/2003/03/taxforms.html).While you're waiting, take a fewminutes to track down the rest of the documentsyou'll need to prepare your taxes, especially ifyou plan to itemize.If you're the type who keeps impeccablerecords, neatly storing receipts by date, purposeand color, then file this story under "reference"because we'll tell you what items you'll need tokeep if the IRS ever asks you to back up yourdeductions. You won't have to file most of theserecords with your tax return. But you should hangon to them for three years in case you're audited.And for those who stuff everything in a shoebox,or forget to keep receipts at all, don't panic.The sooner you start going through what recordsyou do have, the easier it will be identify what'smissing and get replacements.Charitable DonationsYou can write off your good deed if you itemizedeductions. A cancelled check is enough documentationfor charitable gifts worth $250 or less,says Donna LeValley, contributing editor of J.K.Lasser's Your Income Tax 2003. But you'll need areceipt from the charity for donations worth morethan $250. If you've misplaced your receipt, callthe charity to see if it can issue a replacement,LeValley says. For charitable gifts through payrolldeductions at work, make sure you have a pledgecard or some proof other than your pay stub if1 4 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


your contribution exceeds $250.If you make a non-cash donation, such as art,you might need more documentation. Gifts ofmore than $5,000 (with the exception of stocks)should be professionally appraised. For art valuedat $20,000 or more, also include a photo of thegift with your tax return.If you donate a vehicle in fair condition, youcan use used car value guides, LeValley says. Youalso can write off 14 cents a mile for each mileyou used your car for charitable purposes. Justmake sure you have a mileage log.Child or Dependent CareIf you paid someone to care for your child or adependent, you might be able to claim a credit forthese expenses. You'll need the name, addressand taxpayer identification number (or socialsecurity number) of the care provider. LeValleysays you also will need receipts to show proofof payment.Job Search and Moving ExpensesIf you itemize, you can deduct the amount youpaid for resume paper, envelopes, copies, longdistancecalls or other expenses you incurredwhile searching for a job. (For information onhow job hunting can trim your taxes, visitwww.kiplinger.com/columns/ask/archive/2002/q0304.htm). You will need receipts or proof of paymentfor these expenses. Also, you can deductany membership dues you paid to professionalorganizations. Ask the association to send you areceipt if you don't have the cancelled check.You don't have to itemize to write off job-relatedmoving expenses. If you moved more than 50www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 1 5


A TAXING TIMEHow to Ad just Your Wi t h h o l d i n gIt's a good idea for anyone who received more than a$500 refund or owed more than 10 percent of their totaltax bill to adjust withholding. For most taxpayers, it allcomes down to the number of allowances claimed on theW-4. That's the form on file with your employer that helpsd e t e rmine the amount of tax withheld from your paychecks.Most people fill it out when they first take a job and don'tever see or think about it again. But you can change thenumber of allowances at any time. The more allowances youclaim, the less is withheld.Some taxpayers, especially two-income couples, may findthat they're underwithholding even though they're claimingz e ro allowances. The IRS solves this problem with a line onthe W-4 that lets you tell your employer how much more totake out of your paycheck.Step 1: See What's ChangedAnything that lowers your tax bill exemptions, tax cre d i t s ,deductions and losses can be considered in your allowancec a l c u l a t i o n .Did you get married, divorced or have a child? Did youp u rchase a new home, refinance or take out a home equityloan? Did your portfolio tank, leaving you with big capitallosses? Did you get a raise or earn less this year than last?Step 2: Log Onto IRS.govThe easiest way to check your withholding is by usingthe IRS Withholding Calculator, which can be foundat www. i r s . g o v / i n d i v i d u a l s / a rticle/0,,id=96196,00.html. Thisstep-by-step wizard walks you through the calculation.You answer a few questions and plug in the withholdingamounts from your most recent pay stubs and your mostrecent tax re t u rn. The calculator estimates your tax bill, howfar over or under that figure your withholding will be, andrecommends how many allowances you should claim.The calculator does not account for investment losses,h o w e v e r. If you have $3,000 or more of net losses, you canclaim an extra withholding allowance.If you prefer to evaluate your W-4 the old fashioned way,download IRS Publication 919, How Do I Adjust My Ta xWithholding? at www.irs.gov/pub/irs-pdf/p919.pdf. It containsall the worksheets and instructions you will need to workt h rough the calculations on your own.Step 3: Print Out And Turn In Your Updated W- 4Once you calculate the your allowances, download a newW-4 form from www. i r s . g o v, fill it out and turn it in to yourhuman re s o u rces office. ■A Taxing Ti m eContinued from page 15miles to take a new job, you can deduct thecost of moving your household goods andmoving yourself (travel and lodging expenses).And, yes, you'll need receipts or cancelledchecks. If your new employer paid for the move,you don't get the write-off.Medical ExpensesBecause the ante is so high for deductingmedical expenses, few taxpayers benefit fromthis write-off. (Expenses must exceed 7.5 perc e n tof adjusted gross income.) So you're probablynot alone if you've failed to ask for receipts foryour medical bills. But LeValley says it shouldn'tbe too hard to reconstruct your records.Because most medical and dental offices arecomputerized and have at least a year's worthof records, they should be able to give youreceipts for any bills you paid in the past year.As part of the medical expense tally, youcan include travel costs–12 cents a mile if youuse your own car. If you were unaware of thiswrite-off and failed to keep a travel log, youcan reconstruct one, LeValley says. You justneed to know the dates of your appointmentsand the mileage for the trip. However, you'llneed receipts for parking fees and tolls. Form o re details on what expenses are deductible,see IRS Publication 502, at www. i r s . g o v / p u b / i r sp d f / p 5 0 2 . p d f .Tax PreparationYes, you can write off cost of preparing yourtaxes if you itemize. So keep those receipts fortax preparation software, such as Kiplinger’sTaxCut, available at www.kiplinger.com/php/taxcut.html, and books as well as electronicfiling accountant or other fees. However, youcan't write off fees for paying taxes with a creditcard because they have nothing to do with taxpreparation, LeValley says. ■E d i t o r ’s Note: These stories reprinted withp e rmission from Kiplinger. c o m1 6 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


Recent Ch a n ge sMay Af fect Your <strong>2004</strong> Ta xe sSome recent tax law changes are effective forthe <strong>2004</strong> tax year. If these items affect you, besure to get the details when you prepare yourtax return early next year.• Educators' Deduction – This had expired at the end of2003, but was restored for two more years. Tax FormIR-<strong>2004</strong>-124 has more information.• Clean Fuel Vehicle Deduction – The maximum amountof this deduction was scheduled to drop this year andnext, but has been retained at the $2,000 level through<strong>2005</strong>. IR-<strong>2004</strong>-125 has information on this deductionand the newest vehicle to qualify for it.• Child Tax Credit – Taxpayers with a credit amountmore than their tax could get a refund of the difference,up to 10 percent of the amount by which their <strong>2004</strong> taxableearned income exceeds $10,750. This percentagewas raised to 15 percent for <strong>2004</strong>, meaning a largerrefund for many of these taxpayers.• Combat Pay – Some military personnel receivingc o m b a t pay get larger tax credits because of two lawchanges. The new law counts excludable combat payas income when figuring the Child Tax Credit and givesthe taxpayer the option of counting or ignoring combatpay as income when figuring the Earned Income TaxCredit. Counting combat pay as income when calculatingthese credits does not change the exclusion ofcombat pay from taxable income. For more about theeffect of excludable income on the EITC, see Q&A-37in Miscellaneous Provisions - Combat Zone Service.For more details on combat pay, see Military PayExclusion – Combat Zone Service• Sales Tax Deduction – Taxpayers who itemize deducti o n s will have a choice of claiming a state and local taxdeduction for either sales or income taxes on their <strong>2004</strong>and <strong>2005</strong> returns. The IRS will provide optional tablesfor use in determining the deduction amount, relievingtaxpayers of the need to save receipts throughout theyear. Sales taxes paid on motor vehicles and boats maybe added to the table amount, but only up to theamount paid at the general sales tax rate. Taxpayerswill check a box on Schedule A, Itemized Deductions, toindicate whether their deduction is for sales or incometaxes.• Expense Limit for SUVs – Businesses should beaware of a change regarding the deduction for certainsport utility vehicles (SUVs) placed in service afterOctober 22. Under the American Jobs Creation Act of<strong>2004</strong>, businesses cannot take a first-year deduction ofmore than $25,000 for an SUV. The business woulddepreciate the remaining cost. (The limit for vehiclesplaced in service before October 23 was $100,000.) Thenew limit does not affect other types of property wherethe taxpayer decides to expense the cost instead ofdepreciating the property.• Sale of Personal Residence Acquired in a Like-KindE x c h a n g e – Taxpayers who convert rental propertyto a principal residence should know that a tax lawchange may limit their ability to exclude gain on thesale of that residence if they obtained the propertythrough a like-kind exchange. Generally, a taxpayercan exclude up to $250,000 of gain on the sale of ahome, provided the individual has owned and used itas a principal residence for two out of the five yearsbefore the sale. The exclusion is $500,000 for a marriedcouple if both meet the use test. The American JobsCreation Act of <strong>2004</strong> does not allow any exclusion if thetaxpayer sells the home within five years of acquiringthe property through a like-kind exchange. The newlaw applies to sales after October 22, <strong>2004</strong>. ■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 1 7


A TAXING TIMETake the P a i nOut of Next Ye a r ' s Tby Cameron HuddlestonNow that the forms have been filed,and while you're still smarting fromthe IRS's sting, it's a good time tothink about how you can minimizethe pain next year. You might evenbe able to trim your tax bill.I know it's hard to think about next year'staxes. But if you spend time during the year toreview past returns, keep good records, and takeadvantage of maneuvers to defer income or rackup deductions, you won't need the aspirin andantacids next April 15.Adjust Your WithholdingTo get an idea of how much you'll owe or getback next year, look at your last two tax returns.If you've received more than $500 or paid morethan 10 percent of your total tax bill, it's time toadjust your withholding."A refund is a financial faux pas," says AndrewKeeler, a financial planner in Columbus, Ohio."You've given Uncle Sam a no-interest loan."Increase the allowances you claim so less willbe taken from your paycheck. Then you'll havemore money to invest – in a 401(k), for example –during the year, Keeler says.Decrease your allowances so more will bewithheld from your paycheck if you're payinga hefty tax bill.Get organizedHang on to records and receipts. Throughoutthe year collect supporting documents – such asletters acknowledging charitable contributions,brokerage account statements and medical bills –in file folders.Store stock trade confirmations, especially ifyou participate in a dividend reinvestment plan.These will help you track your investment basis,and serve as a handy backup for broker errors,says Keeler. For example, if you switch youraccount from one brokerage to another, yourbasis could get lost in the shuffle, he says.Log IRA contributions, payments into 529 plansand education savings accounts. Record the dateas well as the amount of the contribution. Keelersays he's had clients who were prepared to makean IRA contribution just before the tax-filingdeadline until he reminded them that they'dalready maxed out their annual contribution.Keep receipts from major home improvementsand repairs if you own a home or rental property.Renovations or additions to your home canincrease your basis and reduce your taxable gainif you sell the house before you're able to take fulladvantage of the capital gains exclusion(for more information, visit www.kiplinger.com/columns/ask/archive/2002/q0628.htm).Tally business or home-office receipts.Non-reimbursed expenses such as mileage, carmaintenance, tools, etc., can be deducted fromyour wages or self-employment income. If youoperate a home-office, even part-time, be sure tokeep receipts for computer maintenance, homerepairs or necessary office improvements.Lower Your IncomeA great way to lower your taxable income withouttaking a pay cut is to participate in your employer's401(k). Your contributions are subtracted fromyour salary before taxes are applied. That meansthere's less salary to tax. If you're already partici-1 8 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


Ta x e spating in a 401(k), think about boosting yourcontribution. The contribution cap is $13,000($16,000 if you're 50 or older) in <strong>2004</strong>.You shouldn't let taxes drive investmentdecisions, but you can try to time buying andselling to your advantage. For example, if youwant to sell appreciated property, dump somelosers to help offset the capital gains. Or betteryet, donate your appreciated property to charityand get a double tax break – a write-off for yourgenerosity and no capital gains. If you plan tosell a mutual fund, unload it before the dividendpayout (which usually happens in December).And if you'll be carrying forward any capitallosses from the previous year, be sure to makea note of the amount, or copy last year's taxrecords, and drop it in your investment transactionsfile.Speed Up DeductionsIf you can't defer income, try accelerating deductions.Interest. If you make your December mortgageor home-equity loan payment before year-end –even if it's not recorded until January – you canboost your deduction. If the payment doesn'tshow up on your Form 1098, you still can reportthe interest on your Schedule A and attach a noteexplaining the extra deduction.If you're paying off credit cards or other loansand don't have a home-equity loan or homeequity line of credit, consider getting one nowwhile rates are low, says Nancy Flint-Budde, afinancial planner in Clifton Park, New York. Bytapping your home equity to pay off high-interestcredit cards, you can write off the interest if youitemize deductions on your tax return.Also, consider accelerating your student loanpayments to get the maximum deduction of$2,500. Congress has wiped out the five-year limiton student loan interest deductions. So if you'rein your sixth (or seventh or eighth and so on)year of repaying your loans, you still can get thededuction as long as your modified adjustedgross income doesn't exceed $65,000 for singlefilers, $130,000 for married filing jointly.College bills. Pay spring semester tuition billsbefore December 31 to maximize the Hope orlifetime learning credits. The Hope credit isworth up to $1,500 a year for tuition and fees paidduring a student's first two years at a vocationalschool or college. The lifetime learning credit isworth up to $2,000 for any year of post-secondaryeducation (even graduate school). If you'vealready paid enough to get the full credit thisyear, consider postponing your bills until nextyear to take advantage of one of these creditsonce again.Charitable contributions. If you're spring cleaning,don't throw out those old clothes. Donate them,get a receipt, then write-off the amount on yourtax return. You also can deduct the full amountof cash contributions if you itemize deductionson your federal income tax return. A $1,000deduction on your tax return translates into $250in savings if you're in the 25 percent tax bracket.■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 1 9


KEEP ONT RUC K I N 'Elite <strong>UPS</strong> Drivers Receive 'Circle of Honor' Aw a r d sWh en he's driving his tractor- tra i l er ri g,Ron Sowder gives other drivers roomto maneuver.“I try to give people a lot of s p ace inf ront of me and behind me,” said Sowder,the Te a m s ter and <strong>UPS</strong> driver who holdsthe com p a ny's lon gest-standing record ofacc i den t - f ree driving at 42 ye a rs andco u n ti n g.“I try to run by mys el f , to notget into a pack of peop l e .”While he avoids packs of d riverswh en guiding his rig thro u gh Ohioand Ken tu cky, Sowder is qu i te proudto be assoc i a ted with another groupof m o tori s t s : Fell ow <strong>UPS</strong> drivers ,p a rti c u l a rly those who are among the“Ci rcle of Hon or.”A co ll ecti on of d rivers who haves teered clear of acc i dents for 25 or more<strong>UPS</strong> “CIRCLE OF HONOR”Drivers with 35 or more years of accident-free drivingNAME S T Y R SRonald Sowder O H 42Thomas Camp M I 41William Sender C A 40Edward Brant N Y 39Charles Loomis O H 39James Broyles M O 38William Harlan I L 38Robert Mollick N Y 38Thomas Santocke M I 38James Stewart O H 38Wayne Corah O R 37Edward Cusick M O 37James Downing N J 37J Marlin Harnish PA 37Randell Kite K Y 37Robert Miller C A 37Gordon Overing M N 37Willard Phoenix PA 37Ronald Ridder O R 37James Bliss C A 36Bobby Braden T N 36NAME S T Y R SDonald Dempsey W I 36Michael Foley N Y 36Luis Forte N Y 36Clyde Garrison VA 36Ronald McKnight N Y 36James Murphy C A 36Richard Phipps C A 36Dan Pinckley T N 36Michael Salzillo C T 36Albert Scales O H 36Billie Skelton M O 36Joel Stuart WA 36John Webb C A 36James Welch C A 36William Bean C A 35Terrence Brewer C T 35Thomas Brooks G A 35Donald Brown C A 35Raymond Bryant VA 35Carleton Byrd Jr. G A 35Robert Clark V T 35ye a rs , the Ci rcl eof Hon or is al en g t hy list of t h ecom p a ny's el i ted rivers . Af ter itse s t a bl i s h m ent in1 9 5 5 , the circl ehas grown wi der.Af ter the indu c-ti on of 232 safe drivers this ye a r, the circl ei n clu des over 3,600 high ly skill ed drivers .Si x ty - t h ree of those drivers who havecom p i l ed 35 or more ye a rs wi t h o utan acc i dent top the list of d rivers (seeaccom p a nying list). Sowder's 42 ye a rsp aces this gro u p.A feeder driver who makes dailyruns to and from West Ca rro l ton , O h i o ;Ci n c i n n a ti ; and Lo u i s vi ll e , Ken tu cky;NAME S T Y R SJose Covarrubias A Z 35Gary Culver C A 35Cleveland Francis K Y 35Dominick Giglio N Y 35Michael Jenks T N 35Donald Keele T N 35Robert Knight A L 35Andrew Kostura O H 35Joe McDonald T N 35William McNabb T N 35Ronald Michael C A 35Robert Millican Jr. G A 35Harlan O'Malley S C 35Charles Roach I N 35Charlie Seay I L 35William Snyder I L 35David Stevens M I 35Garry Thurman T N 35Thomas Uram W V 35Michael Van Geons C T 35Roger Yates VA 35Sowder began his career as a <strong>UPS</strong> del iverytru ck driver at the end of 1 9 6 0 . He hel dthe po s i ti on for 16 ye a rs , t h en ti m ec a u ght up with him. “ Hopping in and outof the tru ck , that's a young pers on's job,”he said.A LANE SHIFTSwi tching ge a rs , he hopped into a feeder.“ I ' ve been doing this ever since ,” he said.“Wh en I get up, I'm re ady to go to work .People say that if you en j oy your job, yo un ever work a day in your life .”“ Ron has an impre s s ive drivi n grecord ,” said Ellis Wood , Sowder'sbusiness agent at Local 957 in Dayton ,O h i o. “ Ron is a role model for all hiscoworkers and the other drivers at <strong>UPS</strong>.”<strong>UPS</strong> sems to agree , and even madeSowder an unofficial sym bol of its drivers .Wh en the com p a ny unvei l ed its new logolast year in New York Ci ty, t h ey flewSowder to the even t . “ My tractor pull edthe first two tra i l ers with the new bra n d .It was a very nice hon or.”Sowder is apprec i a tive of the con d i-ti ons at <strong>UPS</strong>. “I like the people I workwi t h ,” he said. “ Because of the Te a m s tersUn i on , <strong>UPS</strong> has been able to attractqu a l i ty workers with the high wage s . Weh ave a great group of d rivers .” ■2 0 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


R E P R E S E N TAT I O N<strong>UPS</strong> Buys Menlo Worl dwi de Forw a rd i n g<strong>Teamster</strong>s Represent Nearly 1,000 Workers at Companyacqu i red Men l oWorl dwi de Forw a rd i n g,<strong>UPS</strong>haswh i ch inclu des 912Te a m s ter- repre s en ted workers amon gMenlo's em p l oyee s .Word of the sale was fo ll owed qu i ck lyby news that World Ai rw ays and Men l oWorl dwi de Forw a rding is planning toopera te a wee k ly ch a rter air cargo flightto and from Menlo's air- c a r go hub inD ayton , Ohio and Shanghai Pu don gAi rport . The fligh t , recen t ly approved bythe U. S . Dep a rtm ent of Tra n s port a ti onand the Civil Avi a ti on Ad m i n i s tra ti on ofCh i n a , m a kes Menlo one of the first airf rei ght forw a rders to fly ded i c a ted lift toand from the Shanghai market .Th ere are approx i m a tely 32 sep a ra tel a bor agreem ents covering the Te a m s term em bers at Men l o.“We wi ll work cl o s ely with the loc a lu n i ons to make su re we pro tect thei n terests of our mem bers .” said Ken Ha ll ,Di rector of the Te a m s ters Pa rcel andSm a ll Pack a ge Divi s i on . “Af ter meeti n gwith the local union s , we ex pect to en teri n to con tract nego ti a ti ons with <strong>UPS</strong>.<strong>UPS</strong> wi ll pay $150 mill i on in cash, p lu sthe assu m pti on of a pprox i m a tely $110m i ll i on of debt , for Menlo Forw a rd i n gand the rel a ted su b s i d i a ri e s .The acqu i s i ti on rei n forces <strong>UPS</strong>'ss tra tegy of providing broad su pp ly ch a i ns o luti ons to en a ble gl obal com m erce . As are sult of the acqu i s i ti on , <strong>UPS</strong> wi ll ex p a n dits gl obal capabi l i ties and add guara n teedh e avy air frei ght servi ces around theworl d , en a bling custom ers to re ach thegl obal marketp l ace faster. This also means<strong>UPS</strong> wi ll introdu ce new ti m e - def i n i teprodu cts su ch as overn i gh t , t wo - d ay anddeferred heavy air frei ght in Nort hAm eri c a .Not part of the tra n s acti on are Men l oWorl dwi de Logi s ti c s , Menlo Worl dwi deTech n o l ogi e s , Vector SCM or Con - WayTra n s port a ti on Servi ce s , a ll of wh i chcon ti nue to be own ed and opera tedby CNF.In other recent indu s try de a l s , U P Spaid $437 mill i on in stock for the Fri t zCompanies in May 2001, and Deut s ch ePost World Net paid $1.4 bi ll i on for A E Iwh en it bo u ght the largest U. S . - b a s edforw a rder in 2000.Menlo Worl dwi de Forw a rdingc u rren t ly opera tes in more than 175co u n tries and terri tories in the worl d .Men l o’s custom ers are in a broad ra n geof i n du s tri e s , i n cluding ph a rm aceuti c a l s ,a pp a rel , h i gh tech / el ectron i c s , governmen t , con su m er goods and ret a i l . ■WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 2 1


Fi gh ting for Your Ri gh t sGri eva n ces and Arb i tra ti ons Pro tect Mem bersTe a m s ters at <strong>UPS</strong> are familiarwith the solid pay and greatben efits they receive thro u ght h eir union con tract , but thecon tract also provi des strong pro tecti on swh en managem ent disciplines workers .The con tract all ows a worker to filea gri eva n ce wh en the worker feels thediscipline was exce s s ive or unw a rra n ted ,a m ong other things . The gri eva n ces maybe set t l ed du ring a meeting with theworker's stew a rd and/or local unionrepre s en t a tive and a managem ent represen t a tive , or may move forw a rd to loc a l ,regi onal or nati onal gri eva n ce heari n gs .A case may be set t l ed or wi t h d rawn , orreferred to arbi tra ti on or med i a ti on .Recen t ly, the Na ti onal Gri eva n ceCom m i t tee , m ade up of repre s en t a tive sf rom the com p a ny and from the union ,m et for heari n gs . Ma rty Fra te s , a bu s i n e s sa gent with Local 70 in Oakland, Ca l i forn i awho has been pre s en ting gri eva n ces at then a ti onal level since 1985, said doc u m en t a-ti on and re s e a rch are the keys to wi n n i n ggri eva n ce s .“You need to re s e a rch previousgri eva n ce set t l em ents and arbi tra tordec i s i on s ,” Fra tes said.“ It takes time butit's vi t a l .”Du ring the recent heari n gs , Fra tes presen ted cases invo lving exce s s ive overti m e .The com p a ny was ordered to pay do u bl etime to workers who were requ i red towork more than 9.5 hours per day at leastt h ree days a wee k .“The workers were paid do u ble time inthese cases because the com p a ny had beenw a rn ed earl i er abo ut these parti c u l a rem p l oyees having to work exce s s ive overtim e ,” said Dave Robi n s on , Sec ret a ry -Tre a su rer of Local 486 in Sa gi n aw,Mi ch i ga n , who repre s en ted the union inthe heari n gs .“ It's a very significant devel opm en t .Wh en the com p a ny is warn ed , and repe a t sthe of fen s e , t h ey wi ll have to pay do u bl etime for the time worked beyond 9.5 hoursper day,” Robi n s on said.“ It puts the compa ny's opera ti ons people on noti ce .”The 2002 con tract con t a i n ed languagecom pelling the com p a ny to make a re a-s on a ble ef fort to redu ce drivers' work d aysto bel ow 9.5 hours per day wh ere requ e s t-ed . The con tract also provi des for an ex pedi ted gri eva n ce procedu re if exce s s ive ,m a n d a tory overtime pers i s t s .Some cases are not set t l ed du ringthe gri eva n ce proce s s . In s te ad , t h ey go toa rbi tra ti on . The fo ll owing are two recen ts i gnificant arbi tra ti on vi ctories for <strong>UPS</strong>workers .“You need to re s ea rchp revious gri eva n ces et t l em en t s anda rb i tra tor dec i s i on s ,”Fra tes said.“ It takestime but it's vi t a l .”LOCAL 79, TA M PA, FLORIDAA pack a ge car driver and mem ber of Loc a l79 was disch a r ged for “d i s h on e s ty ” u n derthe So ut h ern Regi onal Su pp l em en t a la greem en t .The gri evant was a 25-year em p l oyeewith a good work record and no pri ordiscipline for any dishonest act s . Thecom p a ny disch a r ged him for dishon e s tych a r ging that he en ga ged in a pattern oftaking ex ten ded breaks on three occ a s i on sand falsifying his time card so it would notref l ect that he took ad d i ti onal break ti m e .The arbi tra tor found that the com p a nydid not have just cause for disch a r ge ,s t a ting that the gri evant did not possess then ece s s a ry intent to commit a dishonest act .Ra t h er, the arbi tra tor determ i n ed that thed river had exerc i s ed poor ju d gm ent in notch ecking the time and of c a relessness thatdid not rise to a level of d i s h on e s ty.LOCAL 688, ST. LOUISThe case invo lved the interpret a ti on ofArti cle 35, Secti on 3.13-5 (a) and (c),wh i ch provi des that it is a disch a r ge a bl eof fense to fail to com p l ete reh a bi l i t a ti ona n d / or to fail to com p ly with an after –c a re plan.In su m m a ry, the gri evant was a feederd river who was arre s ted for driving wh i l eu n der the influ en ce while of f duty in Ju ly2 0 0 2 . The gri evant did not lose his drivi n gprivi l eges and was all owed to con ti nued rivi n g. The su b s t a n ce abuse co u n s el orcon clu ded that the driver did not have adepen dency and requ i red that the em p l oyeea t tend an alcohol abuse edu c a ti on progra m .Four ye a rs earl i er, h owever, the em p l oyeehad te s ted po s i tive for mariju a n a , wen tt h ro u gh a reh a bi l i t a ti on program and wasrei n s t a ted pursuant to Arti cle 16, Secti on 5of the 1997 con tract . As part of his 1998reh a bi l i t a ti on and retu rn to work , t h egri evant sign ed a doc u m ent providing inp a rt that the gri evant would remain dru gand alcohol free upon his retu rn to work .Wh en the pri or incident came to thecom p a ny's atten ti on , the com p a ny thend i s ch a r ged the gri evant after the 2002i n c i dent all eging that the gri evant failed toremain “d rug and/or alcohol free .”The arbi tra tor rej ected the com p a ny ' spo s i ti on and determ i n ed that the 1998retu rn - to - work agreem ent did not requ i rea lifetime absti n en ce from alcohol for theen ti re du ra ti on of that gri evant's em p l oyment with <strong>UPS</strong>. Ra t h er, the arbi tra torfound that the requ i rem ent to rem a i na l cohol free meant that the alcohol te s tre sults du ring the after- c a re tre a tm entplan had to be nega tive .The arbi tra tor ordered the gri eva n trei n s t a ted with full back pay and ben ef i t sand full sen i ori ty. ■2 2 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


S T EWA R D’S CO R N E R>> S T E WA R D : F I R S T P E R S O NSu pport Your Un i on,Secu re Your Fut u reBY KIM OBNEYS T EWA R D, LOCAL 705 • CHICAG OIh ave been a Te a m s ter mem berfor 25 ye a rs , ever since I bega nworking at <strong>UPS</strong> part ti m e . I'ms ti ll a part - time em p l oyee , c u rren t-ly working as a high - va lue assoc i a te in theNort h broo k , Ill i n ois hub near Ch i c a go.I dispatch high - va lue pack a ge s – t h o s ei n su red at $5,000 or more – to va riouscen ters . Before doing my current job,I worked as a part - time loader, s orterand ad d re s s - correcti on cl erk .The bi ggest probl em my co - workerscon f ront on the job is su pervi s ors doi n gb a r gaining-unit work . The union is doi n ga good job cracking down on the com p a-“Over the past qu a rter- cen t u ry,I have seen the s tren g t h of t h eTea m s ters f i rs t - h a n d .”–KIM OBNEY, S T EWA R D, LOCAL 705ny on this issu e . If workers are wi llingto file a gri eva n ce over this issu e , we canu su a lly settle the cases at the local heari n gl evel and the workers get paid for the losth o u rs .We must con ti nue to con f ront thecom p a ny on the issue of su pervi s orsdoing our work . Th ey are taking aw ayTe a m s ter mem bers' hours and our job s .We con ti nue to con f ront this issue headon .People som etimes tell me that theythink we don't need unions in this co u n-try. I tell them to look at co u n tries thatdon't have union s , p l aces wh ere the ga pbet ween ri ch and poor is large . I askt h em , “What makes you think thatwouldn't happen in this co u n try ? ”We need to su pport our union andbe wi lling to pay du e s . The dues helpkeep the union opera ting so that we , t h eworkers , get strong repre s en t a ti on . Un i onm em bership has decl i n ed in recent ye a rswhile corpora te greed has incre a s ed . Wen eed to reverse the tren d .Over the past qu a rter- cen tu ry, Ih ave seen the strength of the Te a m s tersf i rs t - h a n d . My current job used to ben onu n i on , but it became a union jobwh en the con tract was nego ti a ted in 1997.In my hu b, we used to have many peopleworking as tem pora ry auditors . Now allthose auditing jobs are union and weh ave 30 to 40 po s i ti ons per shift.Th en there's the pay and ben ef i t s .The Te a m s ters have worked hard ton ego ti a te the best pay and ben efits in thep ack a ge - del ivery bu s i n e s s . The Te a m s tersUn i on has done a great job telling <strong>UPS</strong>m a n a gem ent over the ye a rs to share thecom p a ny's su ccess with people likeyou and me. Af ter all , we help cre a tethat su cce s s , and the union keeps onreminding managem ent that. ■www.teamster.org | WINTER <strong>2004</strong>/<strong>2005</strong> | u psT E A M S T E R | 2 3


Heroesof t h eHi ghwayLocal 17 <strong>UPS</strong> Members Save Lives<strong>UPS</strong> drivers have a long record of h eroi cdeed s , and two mem bers of Local 17 inDenver are keeping alive the trad i ti on ofTe a m s ters as knights of the road .Two Local 17 mem bers , Bob Bl ack s t adand Pam Du ga n , were recogn i zed recen t lyfor assisting in em er gency situ a ti onsin two sep a ra te incidents while doingt h eir job.Bl ack s t ad , a <strong>UPS</strong> feeder driver out ofDu ra n go, Co l orado was driving alon gRed Mountain Pass near Du ra n go wh enhe spo t ted a single-car acc i den t . Hes topped to see if he could hel p, f i n d i n gt h ree inju red young men , one with as erious head wo u n d .Bl ack s t ad used his jacket to con trolthe bl eeding of the head - wound vi cti mand calmed the other two while he tri edto re ach em er gency servi ces on his cellph on e . It took over two hours for help toa rrive , due in part to a poor ph one sign a lin the mountains, but Bl ack s t ad rem a i n edwith the vi ctims doing what he could tom a ke them com fort a bl e .According to medics who arrived onthe scen e , Bl ack s t ad's ef forts saved on eyoung man's life and kept the others fromsu f fering com p l i c a ti ons from shock .“We are all very proud of Bob,” s a i dCh ris Rod ri g u e z , Vi ce Pre s i dent of Loc a l1 7 . “ His acti ons are a fine example forus all .”The Co l orado State Po l i ce hon oredBl ack s t ad for his heroism short ly after theacc i dent occ u rred . Local 17 also provi deds pecial recogn i ti on for his acti on sAs for Bl ack s t ad himsel f , he was gl adto hel p. He said he was on ly doing wh a ta nyone would do in the situ a ti on .“I saw the acc i dent and stopped event h o u gh I wasn't su re if I could hel p,” h es a i d . “ But how could yo ul ook yo u rs el f in the mirror ifyou didn't try ? ”MORE THAN GOOD SERVICEDu ga n , a <strong>UPS</strong> driver basedo ut of G i ll et te , Wyom i n g,was working her usual ro uteone day last spring wh enc i rc u m s t a n ces ch a n ged fromord i n a ry to ex tra ord i n a ry.As Du gan pull ed into then a rrow lane approaching theh ome of An d rew Wri ght tom a ke a del ivery, she noti ced flames ands m o ke coming from a side porch thatwere qu i ck ly de s troying one wall of t h eh o u s e .She call ed 911 and rem a i n ed at thehouse trying to aw a ken Wri gh t , a shiftworker at a nearby mine, who wasa s l eep inside . Wri ght was finally ro u s edby Du gan's shouts and the sound ofa pproaching siren s . He was able toexit safely from a door on the other sideof the house.F i ref i gh ters not on ly credit Du ga nwith saving Wri ght's life , but say she alsom a n a ged to re s train Wri ght's two dogsand kept the dogs from en tering thebu rning hom e .“I keep doggy treats in the tru ck justin case I run into probl em s ,” she said.“Th ey wanted in that house, but the tre a t swere too tem pting I guess. I'm just gl ad Iwas able to help them all .”In Septem ber Du gan received a“ Hi ghw ay An gel ” aw a rd for her ef fort sf rom the Tru ck l oad Ca rri ers As s oc i a ti on ,a nati onal or ga n i z a ti on spon s ored byVo lvo Mo tors . She was ch o s en fromhu n d reds of n om i n ees nati onwi de ,receiving a special “a n gel ” b ad ge andcerti f i c a te of h on or.“We are lu cky to have two su ch cari n gm em bers in our loc a l ,” Rod riguez said.“ But it's not su rpri s i n g – being invo lvedand helping people in the com mu n i ty iswhat our union has alw ays been abo ut .” ■2 4 | upsTEAMSTER | WINTER <strong>2004</strong>/<strong>2005</strong> | www.teamster.org


G ive to the Tea m s tersOPEDi s a s ter Rel i efFu n dHeartsS end your tax-dedu cti ble donation to :<strong>Teamster</strong>s Disaster Relie f Fund25 Louisi ana Ave NW, Washington DC


TH E JA M E S R. HO F FAME M O R I A L SC H O L A R S H I P FU N DC u l t i v a t eKnow l e d g eIN T E R N AT I O N A L BR O T H E R H O O D O F TE A M S T E R S<strong>2005</strong>-2006 AC A D E M I CYE A R SC H O L A R S H I P SFor High School Seniors who areC h i l d ren or Grandchildren of<strong>Teamster</strong> MembersApplications due March 25, <strong>2005</strong>. For morei n f o rmation, contact your local <strong>Teamster</strong>s Uniono ffice or visit www. t e a m s t e r. o rg .

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